ISSN 1076-9005
Volume 25, 2018

The Authorship of the Vinaya and Abhidhamma Commentaries: A Response to von Hinüber

Ven. Pandita (Burma)
University of Kelaniya

Von Hinüber claims in his recent article, “Early Scripture Commentary,” which is included in Brill’s Encyclopedia of Buddhism, that: (1) Buddhaghosa is the author of the commentaries on four nikāyas, but (2) not of other commentaries traditionally attributed to him. I agree with (1) but not with (2). On the contrary, I believe it is highly probable that the Vinaya and Abhidhamma commentaries have come from Buddhaghosa. I will give in this article the reasons for this belief.

ISSN 1076-9005
Volume 25, 2018

The Ruination of a Dead Nun’s Stupa: Does This Really Evince the Suppression of Nuns?

Ven. Pandita (Burma)
University of Kelaniya

It is firstly Horner, and later Schopen, who have expressed negative opinions on a story in the Vinaya. I argue, however, that the aforesaid story, at least its Pāli version, is not so bad as it sounds if we interpret it properly.

ISSN 1076-9005
Volume 24, 2017

Canonical Exegesis in the Theravāda Vinaya

In the present paper the two authors examine dimensions of the canonical exegesis found embedded within the text of the Theravāda Vinaya. In part one, Bhikkhu Anālayo examines the word-commentary on the rules found in the Suttavibhaṅga. In part two, Bhikkhu Brahmāli takes up the function of narrative portions in the Khandhakas.

ISSN 1076-9005
Volume 24, 2017

Guṇaprabha on Monastic Authority and Authoritative Doctrine

Paul Nietupski
John Carroll University

This essay is based on sūtras 70–102 in Guṇaprabha’s seventh century Vinayasūtra, his Autocommentary, and the associated sections in all Indian and Tibetan commentaries on the Vinayasūtra. In this excerpt Guṇaprabha and the commentators include remarks on the requirements for monastic community authority and references to relevant authoritative doctrines. The guidelines for monastic authority include applications of procedures in medieval Indian monastic life, including prerequisites and exceptions in the ordination process. The references to authoritative doctrine in Guṇaprabha’s and the commentators’ works include comments on the interface of ethics, concentration, and wisdom, and how ethical guidelines are based on the correct understanding of epistemological value as presented in canonical treatises on doctrine.

ISSN 1076-9005
Volume 24, 2017

Pāli textual sources occasionally mention the existence of unusual animals with an aptitude for the Buddha’s dharma. In the Jātaka, clever animals do good deeds and are thus reborn in better circumstances. In the Vinaya, the Buddha declares to a serpent that he should observe Buddhist holy days so he can achieve a human rebirth. But can animals develop spiritually? Can they move towards enlightenment? In this article I will be examining textual and ethnographic accounts of whether animals can hear and understand the dharma. Using ethnographic research conducted in Sri Lanka, I will show that although animals are thought to passively benefit from being in proximity to dharma institutions, there seems to be agreement amongst the monks interviewed that animals cannot truly understand the dharma and therefore cannot practice it. Animals are therefore severely hampered in their spiritual advancement. However, these ethnographic and textual findings do indicate that passively listening to dharma preaching, whether it is understood or not, has spiritually productive consequences.

ISSN 1076-9005
Volume 23, 2016

Bhikṣuṇī Jampa Tsedroen
Academy of World Religions and Numata Center for Buddhist Studies, University of Hamburg

This article examines the possibilities of reviving the Mūlasarvāstivāda lineage of fully ordained nuns (bhikṣuṇī). It explores two ways to generate a “flawless and perfect” Mūlasarvāstivāda bhikṣuṇī vow, either by Mūlasarvāstivāda monks alone or by Mūlasarvāstivāda monks with Dharmaguptaka nuns (“ecumenical” ordination). The first approach is based on a Vinaya passage which traditionally is taken as the Word of the Buddha, but which, from a historical-critical point of view, is dubious. The second approach is not explicitly represented in the Vinaya but involves “re-reading” or “re-thinking” it with a critical-constructive attitude (“theological” approach). Each approach is based on my latest findings from studying the Tibetan translation of the Bhikṣuṇyupasaṃpadājñāpti and related commentaries.

ISSN 1076-9005
Volume 23, 2016

The Going Forth of Mahāpajāpatī Gotamī in T 60

Bhikkhu Anālayo
University of Hamburg

In what follows I translate a discourse preserved as an individual translation in the Taishō edition under entry number 60, which reports the going forth of Mahāpajāpatī Gotamī. Following that is a discussion concerning the different attitudes toward women that emerge from this discourse and a comparison to the current setting in Thailand.

ISSN 1076-9005
Volume 22, 2015

The Cullavagga on Bhikkhunī Ordination

Bhikkhu Anālayo
University of Hamburg

With this paper I examine the narrative that in the Cullavagga of the Theravāda Vinaya forms the background to the different rules on bhikkhunī ordination, alternating between translations of the respective portions from the original Pāli and discussions of their implications. An appendix to the paper briefly discusses the term paṇḍaka.

ISSN 1076-9005
Volume 21, 2014

Violence and Nonviolence in Buddhist Animal Ethics

James Stewart
University of Tasmania

Boiled alive for killing an ant. Suffering endless demonic flagellation for trading as a butcher. According to some Buddhist writings, these are just a few of the punishments bestowed upon those who harm animals. Are such promises sincere or are they merely hollow threats intended to inculcate good conduct? Are there other non-prudential reasons for protecting animals? How do these views differ from preceding Indian traditions? These are some of the questions addressed in this paper. I will argue that the threat of a bad rebirth is a major factor in motivating Buddhists to abstain from animal cruelty. By comparing the Vinaya (both Mahāyāna and Theravāda) to the Sūtra literature I will argue that such claims may be exaggerations to motivate more compassionate conduct from Buddhist adherents. I also argue that Buddhist texts look unfavorably upon animal killing in a way unheard of in the Vedic religious tradition. Although there may be disagreement over what sort of harm may befall animal abusers, it is almost universally acknowledged amongst most Buddhist sects that animal killing is completely unacceptable. However, this pacifism lives in uneasy tension with the promise of extreme violence for impinging on these basic principles of nonviolence.

ISSN 1076-9005
Volume 21, 2014

Buddhism and Intellectual Property Rights: The Role of Compassion

Soraj Hongladarom
Chulalongkorn University

I offer the outline of a theory that justifies the concept of intellectual property (IP). IP is usually justified by a utilitarian claim that such rights provide incentives for further discovery and protect the innovator through a monopoly. I propose to broaden the protection offered by the IP regime. My argument is based on the concept of compassion (karuṇā), the aim of relieving suffering in all others. An analysis of how patented products originate shows that they typically depend not only on scientists in the laboratory, but on numerous factors and elements, many of which do not belong to the corporation in which the experiments are conducted. Because these elements have a necessary role in the discovery of inventions, they also deserve fair treatment. In practice, this could mean that the resulting patented product would be made more accessible to the general population and that the corporation would be more actively involved in society. In the long run, this could prove beneficial for all parties, including the patent holders themselves.

ISSN 1076-9005
Volume 21, 2014

Female Monastic Healing and Midwifery: A View from the Vinaya Tradition

Amy Paris Langenberg
Eckerd College

Monastic lawyers who formulated the various classical Indian Buddhist Vinaya collections actively promoted the care of the sick within monastery walls and treated illness as a topic of great importance and relevance for monks and nuns, but also mandated that monastics should exercise caution with respect to practicing the healing arts and provide medical care to lay people only on a restricted basis. A closer examination of Vinaya sources shows that this ambivalence is gendered in interesting ways. The Vinaya lawyers regulated nuns’s involvement in the healing arts, and other types of service, with special care, suggesting that nuns were more likely than monks to take up community work, especially the work of healing. This study attempts to sort out the subtleties of Vinaya attitudes towards the public (as opposed to internal monastic) practice of medicine by nuns, suggesting that social constraints forced laywomen and nuns into relationships of collusion and mutual need and created a situation in which nuns were more likely than their male counterparts to engage in the healing arts. A female monastic ethic emphasizing reciprocity and mutual obligation made it doubly unlikely that Buddhist nuns would turn away from the medical needs of laywomen. Thus, a complex combination of factors accounts for the disproportionate focus on nuns in Vinaya prohibitions regarding the practice of the healing arts.

ISSN 1076-9005
Volume 19, 2012

Intellectual Property in Early Buddhism: A Legal and Cultural Perspective

Ven. Pandita (Burma)
University of Kelaniya

In this paper, I examine the modern concepts of intellectual property and account for their significance in monastic law and culture of early Buddhism. As a result, I have come to the following conclusions: (1) the infringement of copyrights, patents, and trademarks does not amount to theft as far as Theravādin Vinaya is concerned; (2) because a trademark infringement involves telling a deliberate lie, it entails an offense of expiation (pācittiya), but I cannot find any Vinaya rule which is transgressed by copyright and patent infringements; and (3) although the Buddha recognized the right to intellectual credit, commentarial interpretations have led some traditional circles to maintain that intellectual credit can be transferred to someone else.

ISSN 1076-9005
Volume 19, 2012

The Story of Sudinna in the Tibetan Translation of the Mūlasarvāstivāda Vinaya

Giuliana Martini
Dharma Drum Buddhist College, Taiwan

This article, a companion to the study of the narrative that according to the canonical Vinaya accounts led to the promulgation of the rule on celibacy for Buddhist monks (first pārājika) published by Bhikkhu Anālayo in the same issue of the Journal of Buddhist Ethics, offers an annotated translation of the narrative as preserved in the Tibetan translation of the Mūlasarvāstivāda Vinaya (’Dul ba), in comparison with its Chinese parallel.

The Case of Sudinna: On the Function of Vinaya Narrative, Based on a Comparative Study of the Background Narration to the First Pārājika Rule

In this article I study the tale that according to the canonical Vinaya accounts led to the promulgation of the rule on celibacy for Buddhist monks, using this as an example to understand the function of Vinaya narrative.

ISSN 1076–9005
Volume 7, 2000

How to Reform a Serial Killer: The Buddhist Approach to Restorative Justice

David R. Loy
Bunkyo University

This article considers how Buddhist perspectives on crime and punishment support the contemporary movement toward restorative (in place of retributive) justice. It begins by examining the two Pāli suttas that most directly address these issues: the Angulimala Sutta, about the reform of a serial killer, and the Lion’s Roar Sutta, about the responsibility of a ruler. Then it looks at the Vinaya, which has many implications for our understanding of motivation and reform, and finally at traditional Tibet to see how its criminal justice system embodied these Buddhist perspectives. It concludes with some reflections on why our present criminal justice systems serve the purposes of the state better than the needs of offenders and their victims.